Ex-AGF, Abubakar Malami, two others begin bail battle on N9bn corruption charges

 

Today, December 2, Abubakar Abdulaziz Malami, the son of former Attorney General of the Federation (AGF) and Minister of Justice Abubakar Malami, SAN, will start the bail struggle in the N9 billion corruption case the federal government has filed against them.

It is anticipated that Malami, his son, and Hajia Bashir Asabe, a Ramadiya Property Limited employee who is presently on remand in Kuje jail, will appear before the Federal High Court in Abuja to continue their fight for release from custody.

Following their arraignment on 16 counts of money laundering crimes, Justice Emeka Nwite scheduled a hearing for today to hear their bail case.

Malami and his co-defendants entered not guilty pleas to all of the allegations that the federal government's Economic and Financial Crimes Commission (EFCC) had brought against them.

Joseph Daudu, SAN, the attorney for the three defendants, argued an oral bail application during Tuesday's proceedings, stating that it was appropriate to do so after reading the 16-count charge and the relevant legislation. He added that the "only condition where one needed a written application is where it is a capital offence."

Money laundering charges are subject to bail. He encouraged the court to grant them bail, saying, "The charges are not complicated, they are bailable, and the defendants are presumed innocent until proven guilty by the court."

Ekele Iheanacho SAN, the EFCC's attorney, fiercely contested the defendants' oral bail application, arguing that Section 162 of the Administration of Criminal Just Act ACJA outlined considerations to take into account prior to using discretion while granting release.

"Those factors can only come into the court through affidavit evidence, and both the prosecution and the defence would be given the opportunity to state their facts, which belong to the witnesses, in order to determine whether or not to grant bail," he stated.

In a decision, Justice Nwite denied the oral bail request and directed the parties to come before him today to present their written bail arguments.

The former AGF and the two others were charged with 16 counts of money laundering by the EFCC and brought before the Federal High Court in Abuja.